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The UK Supreme Court (UKSC) has ruled that financial provision claim proceedings under the Matrimonial and Family Proceedings Act 1984 cannot proceed once one of the parties to that claim dies. Unger and another (in
A prominent economic think tank has urged the government to move from a flat rate of inheritance tax (IHT) towards a progressive rate structure. The Resolution Foundation – which also suggested that IHT should be
The Law Commission of England and Wales has suggested the creation of a new third category of personal property as part of reform of the law relating to digital assets. Digital assets – which include
A recent case saw the High Court bar a probate claim on the grounds of the probate doctrine of laches in what has been described as the first modern case of its kind. The judgment
Administrators have found buyers for parts of the network of law firms operating under the umbrella of Law Direct Limited, it has been revealed. Regarding the sale process, the Law Society Gazette reported: “The sale
SFE (Solicitors for the Elderly) has announced that it will change its name to The Association of Lifetime Lawyers in an effort to better highlight the support offered to the public by its members. Founded
The European Commission (EC) is proposing new cross-border rules to protect people who have lost mental capacity, with the UK under pressure to follow suit. This follows 12 years of advocacy from the global membership
A new survey has revealed significant gaps in the public’s knowledge of contesting a will, especially for those in younger age groups. The survey, conducted by JMW Solicitors, revealed that while 86% of Britons aged
A new report has revealed both regulated and unregulated legal services providers are concerned over the “cowboys” providing lower quality legal services with lower standards and no regulation. The report, commissioned by the Solicitors Regulation
The Office of the Public Guardian (OPG) has sought clarification from the Court of Protection on several issues relating to the scope of a lasting power of attorney (LPA). The OPG, which was appointed to
The government has been urged to rethink its response to – and, in many cases, rejection of – the cohabitation law reform proposals put forward by the Women and Equalities Committee last year. The report
A new guide has been launched to help parents and carers better understand their rights and how to manage the finances of disabled young people should they lose the capacity to make decisions for themselves.
Probate researchers have helped locate the family of forgotten World War Two hero Peter Brown who died alone in December 2022 in Maida Vale, London aged 96 with no known family. Flight Sergeant Peter Brown
New data released by HM Courts and Tribunals Service (HMCTS) has revealed probate delays increased by almost half during the month of April. Specifically, the average timeline from submission to a grant of probate hit
Homeowners in England and Wales could access the equivalent of five years’ worth of retirement income by using equity release, according to recent analysis by Legal & General Home Finance (LGHF). Legal & General said
National newspaper The Daily Telegraph has this week launched a campaign calling on the government to scrap inheritance tax (IHT). The newspaper said more than 50 Conservative MPs are also demanding that Prime Minister Rishi
The Office of Financial Sanctions Implementation (OFSI) has provided an update on the trust services sanctions that came into effect on 16th December 2022. Here is what they said. The trust services measure is designed
A new survey has revealed 34% of people in the UK are banking on receiving an inheritance to fund their retirement. What’s more, only 54% are confident enough to completely rule out needing an inheritance
An axe, a stuffed snake, and a tortoise are just some of the “weirdest” assets people have been left in wills, new research has revealed. The survey* found people had inherited various items ranging from
The beneficiaries of a trust that engaged an offshore tax avoidance scheme that later saw its tax exemptions challenged by HMRC have had their appeal on the grounds of mistake rejected. Tax avoidance scheme The
Inheritance tax (IHT) receipts continued their record-breaking upwards trend into the new financial year, data released this week by HM Revenue & Customs (HMRC) has confirmed. According to figures for April 2023, receipts during the
The High Court of England and Wales has ruled a nominated executor of an unproven will has standing to seek a declaration of presumption of death of a missing person. Under s1(5) Presumption of Death
A third of those who have noticed symptoms of dementia in themselves or a loved one are waiting over a month to discuss the matter, according to a new survey. Marking Dementia Action Week 2023,
Constance Campbell, Solicitor at Winckworth Sherwood, has shared the below steps clients can take to ensure their digital assets are protected and accessible in the future. Make a legacy account for Apple This one is
Delays affecting the Lasting Power of Attorney (LPA) application process are well-documented. Though there has been a slight reduction in waiting times in previous months, timelines remain far from ideal. How, therefore, can practitioners best
The reporting requirements for the Trust Registration Service (TRS) have been extended as of 1st April 2023. As such, businesses subject to the Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 are now
The Charity Commission has issued new guidance calling on charities to check their financial controls protect against risks, including those from newer technology such as cryptoasset. The updated guidance – known as CC8 – explains
With Smith v Ganning offering a reminder of the importance of executing a will properly, the perils of “DIY” wills are firmly in the spotlight. Today’s Wills and Probate therefore set out to hear practitioners’
Record inheritance tax (IHT) receipts across the previous financial year have led to suggestions that the measure has now become a “mainstream tax on ordinary people”. The total take for 2022-2023 reached £7.1 billion, according
The Law Society of England and Wales is inviting applications from practitioners to join its Wills and Equity Committee as it seeks to recruit five non-Council members* before this Sunday’s deadline. Here’s all you need
A solicitor has issued a warning to those considering contesting a will following a successful defence against claims of fraudulent calumny and undue influence made against her client. A 99-year-old mother died and left her
Delays affecting probate applications remain prolonged despite minor signs of improvement, new data from HM Courts & Tribunals Service (HMCTS) has revealed. For the 22,072 grants of probate issued in February 2023, the average timeline